Glossary of US Legal Terms U-Z
U
Ultra vires: A Latin term meaning “beyond the powers,” referring to acts that exceed legal authority. Ultra vires acts by corporations are void and unenforceable. The doctrine limits the authority of corporations and government entities to actions within their granted powers.
Unconscionability: A contract defense based on grossly unfair terms or procedural unfairness in contract formation. Procedural unconscionability involves unfairness in the bargaining process, such as high-pressure tactics or hidden terms. Substantive unconscionability involves contract terms that are one-sided, oppressive, or shock the conscience.
Under color of state law: The requirement in Section 1983 claims that the defendant acted with authority derived from state law. The defendant must have exercised power possessed by virtue of state law. Private actors may act under color of law when they conspire with state officials or perform traditional state functions.
Undue influence: Improper pressure or persuasion that overcomes a person’s free will, potentially invalidating wills or contracts. Undue influence arises from a relationship of trust and confidence where one party dominates the other. The burden of proof shifts to the dominant party in certain relationships, such as attorney-client or caregiver-dependent.
Uniform Commercial Code (UCC): The uniform law governing commercial transactions, adopted in whole or in part by all states. The UCC covers sales of goods, negotiable instruments, secured transactions, and other commercial matters. It was created by the National Conference of Commissioners on Uniform State Laws and the American Law Institute to harmonize commercial law across jurisdictions.
Unilateral contract: A contract in which one party makes a promise in exchange for the other party’s performance. The offeror promises to pay upon completion of the requested act. Acceptance occurs through full performance rather than a promise to perform.
Usury: The charging of interest at a rate exceeding the legal maximum. Usury laws protect borrowers from excessive interest rates. Each state sets its own usury limits, and some loans are exempt from usury restrictions.
Utter: To offer a forged instrument as genuine. Uttering a forged document is a crime separate from forgery itself. The defendant must know the instrument is false and intend to defraud.
V
Vacate: To set aside a lower court’s judgment or to surrender possession of property. An appellate court may vacate and remand for further proceedings. A tenant vacates leased premises at the end of the lease term.
Vagueness doctrine: The constitutional principle that laws must be sufficiently clear to provide fair notice and prevent arbitrary enforcement. A vague law violates due process because citizens cannot conform their conduct to its requirements. The doctrine applies to both criminal and civil statutes.
Valuable consideration: Something of value given in exchange for a promise or performance. Consideration is necessary for contract formation. The value need not be adequate; even nominal consideration suffices.
Variance: A discrepancy between pleadings and proof at trial, or a zoning exception permitting nonconforming use. Amendments to conform to evidence may be allowed. Zoning variances allow property owners to deviate from land use regulations when strict compliance would cause undue hardship.
Venire: A Latin term meaning “to come,” referring to the panel of prospective jurors summoned for jury selection. The venire is the pool from which the trial jury is selected through voir dire. The venire must represent a fair cross-section of the community.
Venue: The geographic location where a case is properly heard. Venue rules determine the appropriate district or county for litigation. Improper venue may result in transfer or dismissal.
Verbatim: Word for word, as in a verbatim transcript of court proceedings. Verbatim records are prepared by court reporters. The transcript must accurately reflect everything said on the record.
Verdict: The jury’s decision on the issues submitted for determination. Verdicts may be general (finding for one party) or special (answering specific questions). The verdict must be unanimous in federal criminal cases.
Verification: A sworn statement confirming the truth of the contents of a pleading or document. Verification is required for certain pleadings. False verification may result in perjury sanctions.
Vested: Fixed or accrued, as in a vested right or vested interest in property. Vested rights cannot be taken away without due process. Vested property interests may be protected under the Takings Clause.
Vicarious liability: Liability imposed on one person for the acts of another, such as employer liability for employee conduct. Respondeat superior is the most common form of vicarious liability. The employer is liable when the employee acts within the scope of employment.
Void: Having no legal effect, null from the beginning. Void contracts cannot be enforced. Void judgments are subject to collateral attack.
Voidable: Capable of being declared void but not automatically invalid. Voidable contracts may be ratified or rescinded at the option of the aggrieved party. Contracts with minors are voidable at the minor’s option.
Voir dire: A French term meaning “to speak the truth,” the process of questioning prospective jurors to determine qualifications and bias. Voir dire allows counsel to exercise peremptory challenges and challenges for cause. The court may conduct voir dire or permit attorney participation.
Voluntary dismissal: A plaintiff’s withdrawal of a lawsuit without prejudice. Under Rule 41, a plaintiff may dismiss once without court order before the defendant serves an answer. A second dismissal operates as an adjudication on the merits.
W
Waiver: The intentional relinquishment of a known right. Waiver may be express or implied by conduct. The party must know of the right and intentionally give it up.
Warrant: A court order authorizing arrest, search, or seizure. Warrants must be based on probable cause and describe with particularity. The Fourth Amendment requires warrants for most searches.
Warranty: A promise or guarantee about the quality, condition, or title of property. Warranties may be express or implied, including the implied warranties of merchantability and fitness for a particular purpose under the Uniform Commercial Code. Warranties may be disclaimed by conspicuous language.
Waste: Damage to real property by a person in possession that diminishes its value. Waste may be voluntary (affirmative acts of damage), permissive (failure to maintain), or ameliorative (changes that improve the property). The holder of the future interest may sue for waste.
Whistleblower: A person who reports illegal or unethical conduct within an organization. Federal and state whistleblower statutes protect employees from retaliation for reporting violations. Whistleblower claims may result in monetary awards and reinstatement.
Will: A legal document disposing of property upon death. Execution of a will requires testamentary capacity and compliance with formalities, including signature in the presence of witnesses. Wills may be revoked by subsequent wills or physical destruction.
Without prejudice: A dismissal that does not bar the plaintiff from refiling the same claim. Without prejudice dismissals preserve the plaintiff’s right to bring the action again. With prejudice dismissals are final and bar further litigation.
Witness: A person who testifies under oath about facts within personal knowledge. Witnesses must be competent and their testimony relevant. The court may exclude witnesses from the courtroom during other testimony.
Writ: A court’s written order commanding a specified act. Writs include habeas corpus, mandamus, certiorari, and attachment. Writs were historically the primary means of initiating litigation.
Writ of certiorari: A discretionary writ used by the Supreme Court to review lower court decisions. The Court grants certiorari in approximately 1% of petitions. The rule of four requires four Justices to vote for review.
Writ of habeas corpus: A writ challenging the legality of a person’s detention. Habeas corpus is a fundamental protection against unlawful imprisonment. Federal habeas review is available to state prisoners under certain conditions.
Writ of mandamus: A writ commanding a government official to perform a ministerial duty. Mandamus is available when the petitioner has a clear legal right to the relief. The writ is an extraordinary remedy.
Wrongful death: A tort claim by survivors for losses caused by the death of a family member due to another’s wrongful act. Damages may include lost financial support, loss of companionship, and funeral expenses. Wrongful death statutes create a cause of action for survivors.
Wrongful termination: Discharge from employment in violation of law, contract, or public policy. Wrongful termination claims arise from discrimination, retaliation, or breach of employment agreement. Remedies may include back pay, reinstatement, and damages.
X
Xenophobia: Unreasonable fear or hatred of foreigners, which may be relevant in discrimination or immigration cases. Xenophobic animus may give rise to equal protection or civil rights claims. Courts consider evidence of xenophobia in evaluating discriminatory intent.
Z
Zone of interests: A prudential standing requirement that a plaintiff’s injury must fall within the interests protected by the statute invoked. The zone of interests test excludes plaintiffs whose interests are not arguably within the scope of the statute. The test is not demanding and excludes only clearly unrelated interests.
Zoning: Local government regulation of land use through district classifications and development restrictions. Zoning ordinances divide municipalities into residential, commercial, industrial, and other districts. Zoning is an exercise of the police power and must bear a rational relationship to public health, safety, or welfare.
Zoning variance: Permission to use property in a manner not ordinarily permitted by zoning regulations. Variances are granted when strict compliance would cause undue hardship due to unique property characteristics. The variance must not adversely affect the neighborhood or conflict with the zoning ordinance’s purpose.